Top Stories of 2003: House Committee, Members Holding FCC Accountable for 'Obscenity' Ruling
by James L. Lambert and Jody Brown
January 2, 2004
(AgapePress) - Scores of elected officials in Congress are, in effect, calling the FCC on the carpet for its recent decision that use of the "f-word" over the public airwaves does not constitute indecency or obscenity. Representatives of the Federal Communication Commission met on Thursday with members of the House Committee on Energy and Commerce, which oversees the federal agency, to discuss that issue.By its own order, FCC commissioners concluded on October 3 that use of the expletive during the Golden Globe Awards on January 19, 2003, by U2 lead singer Bono did "not violate obscenity or indecency law." The agency concluded by saying that it "does not have the power of censorship," thereby throwing back that responsibility on the broadcast networks and stations themselves.
Despite complaints filed now by hundreds of thousands of Americans since the January broadcast, the Federal Communication Commission still defends its earlier decision to allow the use of the "f-word" on broadcast television and radio, provided it does "not describe sexual or excretory organs or activities." In a recent communiqué, the Commission contends that it "does not approve or condone the use of crude or offensive language in broadcast programming."
The decision to reverse this time-honored standard of decency has outraged a number of leading Americans, including Rev. Jerry Falwell. On Thursday Falwell described the FCC's action as "yet another tumble down the slippery slope [of cultural depravity]. It is an expression of cowardice conveyed by the commissioners who are unwilling to protect the American family." Falwell further contends that "their decision is indefensible and every [FCC] commissioner knows it."
Another pro-family leader upset about the FCC's decision is Rev. Donald Wildmon, chairman and founder of the American Family Association (AFA) and sponsor of the activist websites OneMillionDads.com and OneMillionMoms.com. Members of those groups are among the thousands who have filed formal complaints with the FCC concerning its ruling. Wildmon reports that FCC Commissioner Michael Copps "is in agreement with many of our concerns" and has agreed to meet with AFA representatives to discuss the matter.
Two Letters from Congress
As a result of the FCC's decision to deny the complaints, Congress has now entered into the debate. In a recent letter (PDF) to FCC chairman Michael Powell, 31 Republican congressmen have expressed their concern over the FCC's actions. Signatories to the November 21 letter are Representatives Joseph Pitts, Pete Hoekstra, J.D. Hayworth, Henry Brown, John Hostettler, Mike Pence, Mark Green, Jeff Miller, Pete Sessions, Jo Ann Davis, Mark Souder, Walter Jones, Jo Bonner, Jim DeMint, Mike Simpson, Sue Myrick, Steve King, Rob Bishop, Virgil Goode, Todd Akin, Gresham Barrett, Jim Ryan, John Boozman, Robin Hayes, David Weldon, Wally Herger, Michael Burgess, Duncan Hunter, Lee Terry, Tom Latham, and Tim Murphy.
That letter expresses the officials' deep concern "that the FCC's response to this incident sends a poor message to the entertainment industry about the FCC's willingness to enforce standards for broadcast indecency."
"The families that we represent are tired of having to cover their children's eyes and ears every time they turn on the television," the lawmakers state in the letter. "They are frustrated that the media industry has seemingly been given carte blanche to broadcast any type of behavior or speech that they feel will bring in advertising dollars. Meanwhile, they feel that the federal government has sided with media elites and turned a blind eye to the concerns of ordinary Moms and Dads."
The FCC's decision did not go unnoticed by the House Committee on Energy and Commerce, which oversees the agency. In a different letter to Chairman Powell (also dated November 21, 2003), committee members acknowledge that the FCC must walk "a delicate line" when handling such complaints from the public -- but that the broadcast airwaves "are a public resource that parents expect to watch without exposing their children to gratuitous sexual, violent, or offensive content."
In that letter, Congressman Billy Tauzin -- primary signatory to the letter and chairman of the Committee and Energy and Commerce -- requested a meeting with FCC staff no later than December 4 to discuss the agency's order and the issue of indecency. According to a spokesman for the Committee, that meeting did occur but no decision has been made regarding what the next step will be.
Signers of the Committee letter, in addition to Tauzin, were Representatives Fred Upton, Michael Bilirakis, Cliff Stearns, Paul Gillmor, Nathan Deal, Richard Burr (Committee vice chairman), Edward Whitfield, Charles Norwood, Barbara Cubin, John Shimkus, Charles "Chip" Pickering, Steve Buyer, Charles Bass, Lee Terry, Darrell Issa, Michael Rogers, and C.L. "Butch" Otter.
James L. Lambert, who resides in San Diego, California, is a frequent contributor to AgapePress. He is the host of Night Lights, a weekly conservative talk cable television show in San Diego; the author of Porn in America (Huntington House); and a real estate loan sales agent. He can be reached via his website: JamesLLambert.com.
